Waqf Amendment Act Challenge : Live Updates From Supreme Court

Sibal: clause 10- don't register me, I can do no where! I can't file suit or proceedings. My fundamental right to litigate is lost. My property taken over and I cannot litigate-manifestly arbitrary

Sibal: connect this to 3r and 3C, it can be any dispute-someone says its disputed, I cannot even register- WHOLESALE TAKEOVER THE COMMUNITY'S RIGHTS

Sibal: connect this to Section 36(7) of the present Act- survey and all is over. This means waqf shall be registered and Board will forward application to Collector- survey procedure given a go back

Sibal says in 1995, the waqf Board could decide if the property was waqf or not but this is removed now

CJI: registration is not introduced for the first time in this Act

Sibal: no, no. I said it was in the 1954 Act. Survey was introduced in 1964 and constantly happening.

S. 40 also removed- survey removed, registration requirement remains

Sibal: registration process under 1995 Act

Sibal: 1995 Act, there was a survey- the waqf identified had to be registered- an elaborate procedure- preliminary survey- state gov maintains a list- WHOLE PROCESS OVER- DONE AWAY WITH. Now, it has to be the Collector

Refers to the Rule by which the parliamentary rules were suspended to introduce the provision

SG Mehta: record his statement

CJI: Yes, we recorded 3(D) and 3(E) was introducing before voting; In JPC, 3(D) is not circulated

Refers to the Rule by which the parliamentary rules were suspended to introduce the provision

SG Mehta: record his statement

CJI: Yes, we recorded 3(D) and 3(E) was introducing before voting; In JPC, 3(D) is not circulated

Sibal: These are very disturbing features

CJI: Even in Parliament no discussion

Sibal: No, rules suspended and introduced through voting

J Masih: at the time of voting?

Sibal: just before voting, question is that we cannot challenge legislation on mala fides but these are disturbing features we have to take notice of